ARAB KHAN vs The STATE Case No — 1970 SCMR 718

Citation: 1970 SCMR 718

Court: Supreme Court of Pakistan

Year: 1959

Decision Date: 1959-10-06

Parties: ARAB KHAN vs The STATE

Headnotes

Result: Appeal dismissed JUDGMENT JUDGMENT CORNELIUS, J.-Special leave was given to the appellant Arab Khan to appeal against his conviction for the murder of one Sherdil Khan by gun-fire and for attempt to murder three other persons who were also injured by gunshots. In the same trial, one Gulzaman had been convicted under section 379, P.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir Title: ARAB KHAN vs The STATE Case No.: Criminal Appeal No. 22 of 1959 Date of Judgment:1959-10-06 Reported As: 1970 SCMR 718 Result: Appeal dismissed JUDGMENT JUDGMENT CORNELIUS, J.-Special leave was given to the appellant Arab Khan to appeal against his conviction for the murder of one Sherdil Khan by gun-fire and for attempt to murder three other persons who were also injured by gunshots. In the same trial, one Gulzaman had been convicted under section 379, P. P. C., but a third accused person Sadiq by name who had been charged under section 3 j 9, P. P. C. Had been acquitted. The ground upon which leave to appeal was granted is stated in the order as follows :- "to consider the question whether the trial of Arab Khan on the murder charge, jointly with Gulzaman and Sadiq on the theft charge, was legal. It is argued by Mr. Mushtaq Hussain Khan that the theft and the murder were not parts of the same transaction on the facts of the case and separate charges were framed by the trial Judge against the two sets of accused, without any interlinking reference between the two charges." The relevant facts as to the commencement and termination the transaction out of which the charges arose were as follows. On the night of the 27th April 1958, at about 9 p.m., the witness Sikandar Khan (P. W. Lo) caught the accused Gulzaman cutting wheat from his field. He raised an alarm…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.